GRAND FORKS, AP) - The NCAA is asking a judge to reconsider an earlier order limiting the scope of the University of North Dakota lawsuit over use of its "Fighting Sioux" nickname.
The NCAA considers the nickname and UND's American Indian head logo "hostile and abusive" and has barred UND from displaying them during postseason play and from hosting playoff games. UND says it uses the nickname and logo with respect, and has sued the NCAA.
Northeast Central District Judge Lawrence Jahnke in April ruled that the issue in the lawsuit is whether the NCAA acted properly in imposing the ban, not whether the logo and nickname are offensive.
The NCAA has filed a motion asking Jahnke to reconsider and to allow UND's dealings with Indian tribes to be debated.
Attorney General Wayne Stenehjem said the NCAA has not raised any new arguments, and asked Jahnke to order the NCAA to pay UND's expenses associated with responding to the motion.
Stenehjem's office is representing UND in the lawsuit, which is being paid for with private contributions.
The NCAA also asks Jahnke to reconsider his earlier denial of its request to look at communications UND benefactor Ralph Engelstad had with UND and the state Board of Higher Education.
Engelstad, who died in 2002, supported the nickname and made it an issue when he donated money for the school's $100 million hockey arena.
Posted in State-and-regional on Tuesday, September 11, 2007 7:00 pm Updated: 3:46 pm.
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